Title: AMIT SHARMA v. STATE
Decided on: 12th october 2023
BAIL APPLN. 3422/2023 & CRL.M.A. 27681/2023
Coram: HON’BLE MS. JUSTICE SWARANA KANTA SHARMA
Introduction
In a case where the accused has been engaged in an online financial scam at a large scale and all the fraud amount being transferred to the bank account of the accused, Delhi high court has rejected the bail application of the accused.
Facts of the Case
An FIR was registered on the complaint of Oweas Khan, alleging that he has been frauded of money using an online portal. It was alleged by the complainant that he had received a WhatsApp message from a mobile number on 16.06.2023 in relation to an offer of earning online part time income which could be earned by any person by giving rating on Google platform. Every user could earn Rs.50/- per rating on Google and Rs.200/- per login in relation to the same. Thereafter, the complainant was induced to pay money and complete task for getting commissions and profits on each task. At frist, the complainant was given a bonus amount of Rs.200/- after joining the telegram group which used to supply links for the purpose of said tasks. An account ID of the complainant was created on the fraud portal and was asked to complete a pre-paid task of Rs.1000/-. After the complainant had made the payment of the said amount, he received Rs.1300/-, after which the complainant was again offered to complete a pre-paid task of Rs.5000/- and was promised to get a return of Rs.10,400/-. Thereafter, a series of inducements were made by the unknown telegram user and the complainant was asked to make a payment of Rs.7000/-, then Rs.28,000/- and Rs.68,000/-. When the complainant asked the unknown telegram user for refund and bonus amount, he was told that he had made some mistake in completing the task and to get the bonus, he must complete some more pre-paid tasks. Upon the request of the unknown telegram user, the complainant paid a sum of Rs.2 lakhs and Rs.2.5 lakhs. Complainant was defrauded for a total amount of Rs.7,99,850/- and the amount was transferred to multiple bank accounts. During the course of investigation, it was revealed that the amount was transferred to a PNB bank account which was in the name of a firm called „Sweet Valley Cottages‟ and its beneficiary as Mr. Amit Sharma, who is the main accused. A case for offence punishable under Section 420 of IPC was registered and An application under Section 438 of Cr.P.C is filed on behalf of accused seeking grant of anticipatory bail.
Court Analysis and Decision
In court’s opinion it is imperative to underline the gravity of the offence at hand, which revolves around a well-organized, inter-state racket engaged in financial trap-laying scam conducted through online channels. The court recognizes that these actions constitute a form of cheating and fraud that not only victimizes individuals but also erodes the public’s confidence in online financial transactions. These cast a long shadow of doubt and insecurity over the digital platforms that are an essential part of modern financial systems. The seriousness of such scams extends far beyond the immediate victims. When the trust in online transactions is shaken, it leaves individuals wary and apprehensive, rendering them vulnerable to financial exploitation. As a result, the public becomes increasingly reluctant to engage in online financial activities, which can significantly impede economic growth, innovation, and financial inclusion. Court has decided this case recognizing the urgent need to address these issues with utmost seriousness, to protect individuals from financial harm and ensure the continued vitality of online financial systems. The bail application was dismissed, for the applicant being engaged in an online financial scam at a large scale and the alleged amount being transferred to the bank account of the applicant.
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Written by- K R Bhuvanashri